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Flint, Michigan

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Reasons why your DUI charge can be thrown out

Michigan DUI defense attorney

If you were charged with driving under the influence (DUI) in Michigan, the legal consequences can be harsh. A first DUI charge can result in:

  • Up to 93 days in jail
  • A fine between $100 and $500
  • Up to 360 hours of community service
  • Driver's license suspension for 30 days
  • Driver's license restrictions for 150 days
  • Possible vehicle immobilization or ignition interlock device
  • Six points added to your driver's license

A police officer who believes that you are driving drunk will likely pull you over and probe you for evidence. They may first ask you questions, then ask you to perform field sobriety tests followed by a preliminary breath test (PBT). Failure to take a PBT can result in a $150 fine and a civil infraction. If you fail to take any further breath, blood or urine tests, you could lose your license for up to one year and have six points added to your driver's license.

Simply being charged with DUI isn't an end game. With the right course of action and legal representation, it's possible to fight the charges in court or have them thrown out before trial.

Here are some reasons why your DUI case may get thrown out.

No valid reason for pulling you over

The right attorney may have leverage against the charges if the police officer didn't have a valid reason for pulling you over. There has to be reasonable suspicion that you violated a traffic rule for an officer to pull you over. That means you must have been speeding, running a red light or stop sign, making an illegal turn, not staying within the lines in the road or have a broken tail-light.

It's possible that the evidence against you can be found inadmissible if you weren't pulled over for a valid reason.

Inaccurate breath test results

Breath tests are designed to determine your blood alcohol concentration when you blow into a breathalyzer. These tests don't always produce accurate results and can often be challenged in court.

It's better to take the breath test and have a fighting chance to dispute the results in court, then to refuse it and deal with the legal consequences.

Police can't produce evidence

You could have been retrieving something from your car or you could have been sitting in your car without the keys in the ignition. Even if you had a BAC of 0.08 percent, that doesn't mean you were actually driving.

Police may sometimes arrest people for being in their cars under the presumption that they were driving drunk. However, there may be no proof of actual driving.

Evidence to fight your charges can be supported by video surveillance footage, witnesses and even GPS data.

Hire a Flint lawyer if you're facing DUI charges

If you were arrested and charged with DUI, the attorneys at Manley & Manley can help you fight the charges. We have real courtroom experience handling DUI cases like yours. To learn more about how we can help you, contact us online and schedule your free case evaluation.

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